CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES OF THE UNIFORMED SERVICES.

SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES OF THE UNIFORMED SERVICES.(a) Consolidation.—Chapter 5 of title 37, United States Code, is amended—(1) by inserting before section 301 the following subchapter heading:“SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES”;and(2) by adding at the end the following new subchapters:“SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES“§ 331. General bonus authority for enlisted members“(a) Authority to Provide Bonus.—The Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces, who—“(1) enlists in an armed force;“(2) enlists in or affiliates with a reserve component of an armed force;“(3) reenlists, voluntarily extends an enlistment, or otherwise agrees to serve—“(A) for a specified period in a designated career field, skill, or unit of an armed force; or“(B) under other conditions of service in an armed force;“(4) transfers from a regular component of an armed force to a reserve component of that same armed force or from a reserve component of an armed force to the regular component of that same armed force; or“(5) transfers from a regular component or reserve component of an armed force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring.“(b) Service Eligibility.—A bonus authorized by subsection (a) may be paid to a person or member only if the person or member agrees under subsection (d)—“(1) to serve for a specified period in a designated career field, skill, unit, or grade; or“(2) to meet some other condition or conditions of service imposed by the Secretary concerned.“(c) Maximum Amount and Method of Payment.—“(1) Maximum amount.—The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that—“(A) a bonus paid under paragraph (1) or (2) of subsection (a) may not exceed $50,000 for a minimum two-year period of obligated service agreed to under subsection (d);122 STAT. 164“(B) a bonus paid under paragraph (3) of subsection (a) may not exceed $30,000 for each year of obligated service in a regular component agreed to under subsection (d);“(C) a bonus paid under paragraph (3) of subsection (a) may not exceed $15,000 for each year of obligated service in a reserve component agreed to under subsection (d); and“(D) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000.“(2) Lump sum or installments.—A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.“(3) Fixing bonus amount.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.“(d) Written Agreement.—To receive a bonus under this section, a person or member determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—“(1) the amount of the bonus;“(2) the method of payment of the bonus under subsection (c)(2);“(3) the period of obligated service; and“(4) the type or conditions of the service.“(e) Relationship to Other Pay and Allowances.—A bonus paid to a person or member under this section is in addition to any other pay and allowance to which the person or member is entitled.“(f) Relationship to Prohibition on Bounties.—A bonus authorized under this section is not a bounty for purposes of section 514(a) of title 10.“(g) Repayment.—A person or member who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title.“(h) Termination of Authority.—No agreement may be entered into under this section after December 31, 2009. “§ 332. General bonus authority for officers“(a) Authority To Provide Bonus.—The Secretary concerned may pay a bonus under this section to a person, including an officer in the uniformed services, who—“(1) accepts a commission or appointment as an officer in a uniformed service;“(2) affiliates with a reserve component of a uniformed service;“(3) agrees to remain on active duty or to serve in an active status for a specific period as an officer in a uniformed service;“(4) transfers from a regular component of a uniformed service to a reserve component of that same uniformed service or from a reserve component of a uniformed service to the regular component of that same uniformed service; or122 STAT. 165“(5) transfers from a regular component or reserve component of a uniformed service to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring.“(b) Service Eligibility.—A bonus authorized by subsection (a) may be paid to a person or officer only if the person or officer agrees under subsection (d)—“(1) to serve for a specified period in a designated career field, skill, unit, or grade; or“(2) to meet some other condition or conditions of service imposed by the Secretary concerned.“(c) Maximum Amount and Method of Payment.—“(1) Maximum amount.—The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that—“(A) a bonus paid under paragraph (1) of subsection (a) may not exceed $60,000 for a minimum three-year period of obligated service agreed to under subsection (d);“(B) a bonus paid under paragraph (2) of subsection (a) may not exceed $12,000 for a minimum three-year period of obligated service agreed to under subsection (d);“(C) a bonus paid under paragraph (3) of subsection (a) may not exceed $50,000 for each year of obligated service in a regular component agreed to under subsection (d);“(D) a bonus paid under paragraph (3) of subsection (a) may not exceed $12,000 for each year of obligated service in a reserve component agreed to under subsection (d); and“(E) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000.“(2) Lump sum or installments.—A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.“(3) Fixing bonus amount.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.“(d) Written Agreement.—To receive a bonus under this section, a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—“(1) the amount of the bonus;“(2) the method of payment of the bonus under subsection (c)(2);“(3) the period of obligated service; and“(4) the type or conditions of the service.“(e) Relationship to Other Pay and Allowances.—The bonus paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled.“(f) Repayment.—A person or officer who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title.122 STAT. 166“(g) Termination of Authority.—No agreement may be entered into under this section after December 31, 2009. “§ 333. Special bonus and incentive pay authorities for nuclear officers“(a) Nuclear Officer Bonus.—The Secretary of the Navy may pay a nuclear officer bonus under this section to a person, including an officer in the Navy, who—“(1) is selected for the officer naval nuclear power training program in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to serve, upon completion of such training, on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; or“(2) has the current technical and operational qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to remain on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.“(b) Nuclear Officer Incentive Pay.—The Secretary of the Navy may pay nuclear officer incentive pay under this section to an officer in the Navy who—“(1) is entitled to basic pay under section 204 of this title; and“(2) remains on active duty for a specified period while maintaining current technical and operational qualifications, as approved by the Secretary, for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.“(c) Additional Eligibility Criteria.—The Secretary of the Navy may impose such additional criteria for the receipt of a nuclear officer bonus or nuclear officer incentive pay under this section as the Secretary determines to be appropriate.“(d) Maximum Amount and Method of Payment.—“(1) Maximum amount.—The Secretary of the Navy shall determine the amounts of a nuclear officer bonus or nuclear officer incentive pay to be paid under this section, except that—“(A) a nuclear officer bonus paid under subsection (a) may not exceed $35,000 for each 12-month period of the agreement under subsection (e); and“(B) the amount of nuclear officer incentive paid under subsection (b) may not exceed $25,000 for each 12-month period of qualifying service.“(2) Lump sum or installments.—A nuclear officer bonus or nuclear officer incentive pay under this section may be paid in a lump sum or in periodic installments.“(3) Fixing bonus amount.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (e), the total amount of the nuclear officer bonus to be paid under the agreement shall be fixed.“(e) Written Agreement for Bonus.—“(1) Agreement required.—To receive a nuclear officer bonus under subsection (a), a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary of the Navy that specifies—“(A) the amount of the bonus;122 STAT. 167“(B) the method of payment of the bonus under subsection (d)(2);“(C) the period of obligated service; and“(D) the type or conditions of the service.“(2) Replacement agreement.—An officer who is performing obligated service under an agreement for a nuclear officer bonus may execute a new agreement to replace the existing agreement if the amount to be paid under the new agreement will be higher than the amount to be paid under the existing agreement. The period of the new agreement shall be equal to or exceed the remaining term of the period of the officer’s existing agreement. If a new agreement is executed under this paragraph, the existing agreement shall be cancelled, effective on the day before an anniversary date of the existing agreement occurring after the date on which the amount to be paid under this paragraph is increased.“(f) Relationship to Other Pay and Allowances.—A nuclear officer bonus or nuclear officer incentive pay paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under this section and section 332 or 353 of this title for the same skill and period of service.“(g) Repayment.—A person or officer who receives a nuclear officer bonus or nuclear officer incentive pay under this section and who fails to complete the officer naval nuclear power training program, maintain required technical and operational qualifications, complete the period of service, or meet the types or conditions of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (e) in the case of a nuclear officer bonus, shall be subject to the repayment provisions of section 373 of this title.“(h) Regulations.—This section shall be administered under regulations prescribed by the Secretary of the Navy.“(i) Termination of Authority.—No agreement may be entered into under this section after December 31, 2009. “§ 334. Special aviation incentive pay and bonus authorities for officers“(a) Aviation Incentive Pay.—The Secretary concerned may pay aviation incentive pay under this section to an officer in a regular or reserve component of a uniformed service who—“(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title;“(2) maintains, or is in training leading to, an aeronautical rating or designation that qualifies the officer to engage in operational flying duty or proficiency flying duty;“(3) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty;“(4) engages in or remains in aviation service for a specified period; and“(5) meets such other criteria as the Secretary concerned determines appropriate.“(b) Aviation Bonus.—The Secretary concerned may pay an aviation bonus under this section to an officer in a regular or reserve component of a uniformed service who—122 STAT. 168 “(1) is entitled to aviation incentive pay under subsection (a);“(2) has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment;“(3) executes a written agreement to remain on active duty in a regular component or to serve in an active status in a reserve component in aviation service for at least one year; and“(4) meets such other criteria as the Secretary concerned determines appropriate.“(c) Maximum Amount and Method of Payment.—“(1) Maximum amount.—The Secretary concerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that—“(A) aviation incentive pay under subsection (a) shall be paid at a monthly rate, not to exceed $850 per month; and“(B) an aviation bonus under subsection (b) may not exceed $25,000 for each 12-month period of obligated service agreed to under subsection (d).“(2) Lump sum or installments.—A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.“(3) Fixing bonus amount.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.“(d) Written Agreement for Bonus.—To receive an aviation officer bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—“(1) the amount of the bonus;“(2) the method of payment of the bonus under subsection (c)(2);“(3) the period of obligated service; and“(4) the type or conditions of the service.“(e) Reserve Component Officers Performing Inactive Duty Training.—A reserve component officer who is entitled to compensation under section 206 of this title and who is authorized aviation incentive pay under this section may be paid an amount of incentive pay that is proportionate to the compensation received under section 206 for inactive-duty training.“(f) Relationship to Other Pay and Allowances.—“(1) Aviation incentive pay.—Aviation incentive pay paid to an officer under subsection (a) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a payment under such subsection and section 351 or 353 of this title for the same skill and period of service.“(2) Aviation bonus.—An aviation bonus paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a payment under such subsection and section 332 or 353 of this title for the same skill and period of service.122 STAT. 169“(g) Repayment.—An officer who receives aviation incentive pay or an aviation bonus under this section and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or bonus or complete the period of service for which the incentive pay or bonus is paid, as specified in the written agreement under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title.“(h) Definitions.—In this section:“(1) The term ‘aviation service’ means service performed by an officer in a regular or reserve component (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.“(2) The term ‘operational flying duty’ means flying performed under competent orders by rated or designated regular or reserve component officers while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation.“(3) The term ‘proficiency flying duty’ means flying performed under competent orders by rated or designated regular or reserve component officers while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.“(4) The term ‘officer’ includes an individual enlisted and designated as an aviation cadet under section 6911 of title 10.“(i) Termination of Authority.—No agreement may be entered into under this section after December 31, 2009. “§ 335. Special bonus and incentive pay authorities for officers in health professions“(a) Health Professions Bonus.—The Secretary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health profession and who—“(1) accepts a commission or appointment as an officer in a regular or reserve component of a uniformed service, or affiliates with a reserve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession;“(2) accepts a commission or appointment as an officer and whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty; or“(3) agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession.“(b) Health Professions Incentive Pay.—The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who—“(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and“(2) is serving on active duty or in an active status in a designated health profession specialty or skill.122 STAT. 170“(c) Board Certification Incentive Pay.—The Secretary concerned may pay board certification incentive pay under this section to an officer in a regular or reserve component of a uniformed service who—“(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title;“(2) is board certified in a designated health profession specialty or skill; and“(3) is serving on active duty or in an active status in such designated health profession specialty or skill.“(d) Additional Eligibility Criteria.—The Secretary concerned may impose such additional criteria for the receipt of a bonus or incentive pay under this section as the Secretary determines to be appropriate.“(e) Maximum Amount and Method of Payment.—“(1) Maximum amount.—The Secretary concerned shall determine the amounts of a bonus or incentive pay to be paid under this section, except that—“(A) a health professions bonus paid under paragraph (1) of subsection (a) may not exceed $30,000 for each 12-month period of obligated service agreed to under subsection (f);“(B) a health professions bonus paid under paragraph (2) of subsection (a) may not exceed $100,000 for each 12-month period of obligated service agreed to under subsection (f);“(C) a health professions bonus paid under paragraph (3) of subsection (a) may not exceed $75,000 for each 12-month period of obligated service agreed to under subsection (f);“(D) health professions incentive pay under subsection (b) may be paid monthly and may not exceed, in any 12-month period—“(i) $100,000 for medical officers and dental surgeons; and“(ii) $15,000 for officers in other health professions; and“(E) board certification incentive pay under subsection (c) may not exceed $6,000 for each 12-month period an officer remains certified in the designated health profession specialty or skill.“(2) Lump sum or installments.—A health professions bonus under subsection (a) may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. Board certification incentive pay under subsection (c) may be paid monthly, in a lump sum at the beginning of the certification period, or in periodic installments during the certification period, as determined by the Secretary concerned.“(3) Fixing bonus amount.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (f), the total amount of the health professions bonus to be paid under the agreement shall be fixed.“(f) Written Agreement for Bonus.—To receive a bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies—“(1) the amount of the bonus;122 STAT. 171“(2) the method of payment of the bonus under subsection (e)(2);“(3) the period of obligated service;“(4) whether the service will be performed on active duty or in an active status in a reserve component; and“(5) the type or conditions of the service.“(g) Reserve Component Officers.—An officer in a reserve component authorized incentive pay under subsection (b) or (c) who is not serving on continuous active duty and is entitled to compensation under section 204 of this title or compensation under section 206 of this title may be paid a monthly amount of incentive pay that is proportionate to the basic pay or compensation received under this title.“(h) Relationship to Other Pay and Allowances.—“(1) Health professions bonus.—A bonus paid to a person or officer under subsection (a) shall be in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under such subsection and section 332 of this title for the same period of obligated service.“(2) Health professions incentive pay.—Incentive pay paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353 of this title for the same skill and period of service.“(3) Board certification incentive pay.—Incentive pay paid to an officer under subsection (c) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353(b) of this title for the same skill and period of service covered by the certification.“(i) Repayment.—An officer who receives a bonus or incentive pay under this section and who fails to fulfill the eligibility requirements for the receipt of the bonus or incentive pay or complete the period of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (f) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title.“(j) Health Profession Defined.—In this section, the term ‘health profession’ means the following:“(1) Any health profession performed by officers in the Medical Corps of a uniformed service or by officers designated as a medical officer.“(2) Any health profession performed by officers in the Dental Corps of a uniformed service or by officers designated as a dental officer.“(3) Any health profession performed by officers in the Medical Service Corps of a uniformed service or by officers designated as a medical service officer or biomedical sciences officer.“(4) Any health profession performed by officers in the Medical Specialist Corps of a uniformed service or by officers designated as a medical specialist.“(5) Any health profession performed by officers of the Nurse Corps of a uniformed service or by officers designated as a nurse.122 STAT. 172“(6) Any health profession performed by officers in the Veterinary Corps of a uniformed service or by officers designated as a veterinary officer.“(7) Any health profession performed by officers designated as a physician assistant.“(8) Any health profession performed by officers in the regular or reserve corps of the Public Health Service.“(k) Termination of Authority.—No agreement may be entered into under this section after December 31, 2009. “§ 351. Hazardous duty pay“(a) Hazardous Duty Pay.—The Secretary concerned may pay hazardous duty pay under this section to a member of a regular or reserve component of the uniformed services entitled to basic pay under section 204 of this title or compensation under section 206 of this title who—“(1) performs duty in a hostile fire area designated by the Secretary concerned, is exposed to a hostile fire event, explosion of a hostile explosive device, or any other hostile action, or is on duty during a month in an area in which a hostile event occurred which placed the member in grave danger of physical injury;“(2) performs duty designated by the Secretary concerned as hazardous duty based upon the inherent dangers of that duty and risks of physical injury; or“(3) performs duty in a foreign area designated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat conditions.“(b) Maximum Amount.—The amount of hazardous duty pay paid to a member under subsection (a) shall be based on the type of duty and the area in which the duty is performed, as follows:“(1) In the case of a member who performs duty in a designated hostile fire area, as described in subsection (a)(1), hazardous duty pay may not exceed $450 per month.“(2) In the case of a member who performs a designated hazardous duty, as described in subsection (a)(2), hazardous duty pay may not exceed $250 per month.“(3) In the case of a member who performs duty in a foreign area designated as an imminent danger area, as described in subsection (a)(3), hazardous duty pay may not exceed $250 per month.“(c) Method of Payment.—Hazardous duty pay shall be paid on a monthly basis. A member who is eligible for hazardous duty pay by reason of subsection (a) shall receive the full monthly rate of hazardous duty pay authorized by the Secretary concerned under such paragraph, notwithstanding subsection (d).“(d) Reserve Component Members Performing Inactive Duty Training.—A member of a reserve component entitled to compensation under section 206 of this title who is authorized hazardous duty pay under this section may be paid an amount of hazardous duty pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.“(e) Administration and Retroactive Payments.—The effective date for the designation of a hostile fire area, as described in paragraph (1) of subsection (a), and for the designation of a 122 STAT. 173 foreign area as an imminent danger area, as described in paragraph (3) of such subsection, may be a date that occurs before, on, or after the actual date of the designation by the Secretary concerned.“(f) Determination of Fact.—Any determination of fact that is made in administering subsection (a) is conclusive. The determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the Secretary concerned may change the determination on the basis of new evidence or for other good cause. The regulations prescribed to administer this section shall define the activities that are considered hazardous for purposes of subsection (a)(2).“(g) Relationship to Other Pay and Allowances.—“(1) In addition to other pay and allowances.—A member may be paid hazardous duty pay under this section in addition to any other pay and allowances to which the member is entitled. The regulations prescribed to administer this section shall address dual compensation under this section for multiple circumstances involving performance of a designated hazardous duty, as described in paragraph (2) of subsection (a), or for duty in certain designated areas, as described in paragraph (1) or (3) of such subsection, that is performed by a member during a single month of service.“(2) Limitation.—A member may not receive hazardous duty pay under this section for a month for more than three qualifying instances described in subsection (a)(2).“(h) Prohibition on Variable Rates.—The regulations prescribed to administer this section may not include varied criteria or rates for payment of hazardous duty for officers and enlisted members.“(i) Termination of Authority.—No hazardous duty pay under this section may be paid after December 31, 2009. “§ 352. Assignment pay or special duty pay“(a) Assignment or Special Duty Pay Authorized.—The Secretary concerned may pay assignment or special duty pay under this section to a member of a regular or reserve component of the uniformed services who—“(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and“(2) performs duties in an assignment, location, or unit designated by, and under the conditions of service specified by, the Secretary concerned.“(b) Maximum Amount and Method of Payment.—“(1) Lump sum or installments.—Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned.“(2) Maximum monthly amount.—The maximum monthly amount of assignment or special duty pay may not exceed $5,000.“(3) Maximum lump sum amount.—The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of—“(A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); and122 STAT. 174“(B) the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement.“(4) Maximum installment amount.—The amount of each installment payment of assignment or special duty pay payable to a member on an installment basis may not exceed the amount equal to—“(A) the product of—“(i) a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized under paragraph (2) at the time the member enters into the agreement; and“(ii) the number of continuous months in the period for which the assignment or special duty pay will be paid; divided by“(B) the number of installments over such period.“(5) Effect of extension.—If a member extends an assignment or performance of duty specified in an agreement with the Secretary concerned under subsection (c), assignment or special duty pay for the period of the extension may be paid on a monthly basis, in a lump sum, or in installments, consistent with this subsection.“(c) Written Agreement.—“(1) Discretionary for monthly payments.—The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a monthly basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the monthly rate of the assignment or special duty pay.“(2) Required for lump sum or installment payments.—The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of assignment or special duty pay on a lump sum or installment basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the amount of the lump sum or each periodic installment.“(d) Reserve Component Members Performing Inactive Duty Training.—A member of a reserve component entitled to compensation under section 206 of this title who is authorized assignment or special duty pay under this section may be paid an amount of assignment or special duty pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.“(e) Relationship to Other Pay and Allowances.—Assignment or special duty pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.“(f) Repayment.—A member who receives assignment or special duty pay under this section and who fails to fulfill the eligibility requirements under subsection (a) for receipt of such pay shall be subject to the repayment provisions of section 373 of this title.“(g) Termination of Authority.—No agreement may be entered into under this section after December 31, 2009.122 STAT. 175 “§ 353. Skill incentive pay or proficiency bonus“(a) Skill Incentive Pay.—The Secretary concerned may pay a monthly skill incentive pay to a member of a regular or reserve component of the uniformed services who—“(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and“(2) serves in a career field or skill designated as critical by the Secretary concerned.“(b) Skill Proficiency Bonus.—The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who—“(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and“(2) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned.“(c) Maximum Amounts and Methods of Payment.—“(1) Skill incentive pay.—Skill incentive pay under subsection (a) shall be paid monthly in an amount not to exceed $1,000 per month.“(2) Proficiency bonus.—A proficiency bonus under subsection (b) may be paid in a lump sum at the beginning of the proficiency certification period or in periodic installments during the proficiency certification period. The amount of the bonus may not exceed $12,000 for each 12-month period of certification. The Secretary concerned may not vary the criteria or rates for the proficiency bonus paid for officers and enlisted members.“(d) Certified Proficiency for Proficiency Bonus.—“(1) Certification required.—Proficiency in a designated critical skill for purposes of subsection (b) shall be subject to annual certification by the Secretary concerned.“(2) Duration of certification.—A certification period for purposes of subsection (c)(2) shall expire at the end of the one-year period beginning on the first day of the first month beginning on or after the certification date.“(3) Waiver.—Notwithstanding paragraphs (1) and (2), the regulations prescribed to administer this section shall address the circumstances under which the Secretary concerned may waive the certification requirement under paragraph (1) or extend a certification period under paragraph (2).“(e) Written Agreement.—“(1) Discretionary for skill incentive pay.—The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of skill incentive pay under subsection (a). The written agreement shall specify the period for which the skill incentive pay will be paid to the member and the monthly rate of the pay.“(2) Required for proficiency bonus.—The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of a proficiency bonus under subsection (b). The written agreement shall specify the amount of the proficiency bonus, the period for which the bonus will be paid, and the initial certification or recertification necessary for payment of the proficiency bonus.122 STAT. 176“(f) Reserve Component Members Performing Inactive Duty Training.—“(1) Proration.—A member of a reserve component entitled to compensation under section 206 of this title who is authorized skill incentive pay under subsection (a) or a skill proficiency bonus under subsection (b) may be paid an amount of the pay or bonus, as the case may be, that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.“(2) Exception for foreign language proficiency.—No reduction in the amount of a skill proficiency bonus may be made under paragraph (1) in the case of a member of a reserve component who is authorized the bonus because of the member’s proficiency in a foreign language.“(g) Repayment.—A member who receives skill incentive pay or a proficiency bonus under this section and who fails to fulfill the eligibility requirement for receipt of the pay or bonus shall be subject to the repayment provisions of section 373 of this title.“(h) Relationship to Other Pays and Allowances.—A member may not be paid more than one pay under this section in any month for the same period of service and skill. A member may be paid skill incentive pay or the proficiency bonus under this section in addition to any other pay and allowances to which the member is entitled, except that a member may not be paid skill incentive pay or a proficiency bonus under this section and hazardous duty pay under section 351 of this title for the same period of service in the same career field or skill.“(i) Termination of Authority.—No agreement may be entered into under this section after December 31, 2009. “SUBCHAPTER III—GENERAL PROVISIONS“§ 371. Relationship to other incentives and pays“(a) Treatment.—A bonus or incentive pay paid to a member of the uniformed services under subchapter II is in addition to any other pay and allowance to which a member is entitled, unless otherwise provided under this chapter.“(b) Exception.—A member may not receive a bonus or incentive pay under both subchapter I and subchapter II for the same activity, skill, or period of service.“(c) Relationship to Other Computations.—The amount of a bonus or incentive pay to which a member is entitled under subchapter II may not be included in computing the amount of—“(1) any increase in pay authorized by any other provision of this title; or“(2) any retired pay, retainer pay, separation pay, or disability severance pay. “§ 372. Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action“(a) Continuation of Pays.—If a member of a regular or reserve component of a uniformed service incurs a wound, injury, or illness in the line of duty while serving in a combat operation or a combat zone, while serving in a hostile fire area, or while 122 STAT. 177 exposed to a hostile fire event, as described under section 351 of this title, and is hospitalized for treatment of the wound, injury, or illness, the Secretary concerned may continue to pay to the member, notwithstanding any provision of this chapter to the contrary, all pay and allowances (including any bonus, incentive pay, or similar benefit) that were being paid to the member at the time the member incurred the wound, injury, or illness.“(b) Duration.—The payment of pay and allowances to a member under subsection (a) may continue until the end of the first month beginning after the earliest of the following dates:“(1) The date on which the member is returned for assignment to other than a medical or patient unit for duty.“(2) One year after the date on which the member is first hospitalized for the treatment of the wound, injury, or illness, except that the Secretary concerned may extend the termination date in six-month increments.“(3) The date on which the member is discharged, separated, or retired (including temporary disability retirement) from the uniformed services.“(c) Bonus, Incentive Pay, or Similar Benefit Defined.—In this section, the term ‘bonus, incentive pay, or similar benefit’ means a bonus, incentive pay, special pay, or similar payment paid to a member of the uniformed services under this title or title 10. “§ 373. Repayment of unearned portion of bonus, incentive pay, or similar benefit when conditions of payment not met“(a) Repayment.—Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member’s satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement.“(b) Exceptions.—The regulations prescribed to administer this section may specify procedures for determining the circumstances under which an exception to the required repayment may be granted.“(c) Effect of Bankruptcy.—An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after—“(1) the date of the termination of the agreement or contract on which the debt is based; or“(2) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based.“(d) Definitions.—In this section:“(1) The term ‘bonus, incentive pay, or similar benefit’ means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this section or section 303a(e) of this title.122 STAT. 178“(2) The term ‘service’, as used in subsection (c)(2), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus, incentive pay, or similar benefit offered by the Secretary concerned—“(A) to a member in a regular or reserve component who remains on active duty or in an active status;“(B) to perform duty in a specified skill, with or without a specified qualification or credential;“(C) to perform duty in a specified assignment, location or unit; or“(D) to perform duty for a specified period of time. “§ 374. Regulations “This subchapter and subchapter II shall be administered under regulations prescribed by—“(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense;“(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy;“(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and“(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.” .(b) Transfer of 15-Year Career Status Bonus to Subchapter II.—(1) Transfer.—Section 322 of title 37, United States Code, is transferred to appear after section 353 of subchapter II of chapter 5 of such title, as added by subsection (a), and is redesignated as section 354.(2) Conforming amendment.—Subsection (f) of such section, as so transferred and redesignated, is amended by striking “section 303a(e)” and inserting “section 373”.(3) Cross references.—Sections 1401a, 1409(b)(2), and 1410 of title 10, United States Code, are amended by striking “section 322” each place it appears and inserting “section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354”.(c) Transfer of Retention Incentives for Members Qualified in Critical Military Skills or Assigned to High Priority Units.—(1) Transfer.—Section 323 of title 37, United States Code, as amended by sections 614 and 622, is transferred to appear after section 354 of subchapter II of chapter 5 of such title, as transferred and redesignated by subsection (b)(1), and is redesignated as section 355.(2) Conforming amendment.—Subsection (g) of such section, as so transferred and redesignated, is amended by striking “section 303a(e)” and inserting “section 373”.(d) Clerical Amendment.—The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended to read as follows: “subchapter i— existing special pay, incentive pay, and bonus authorities “Sec. “301. Incentive pay: hazardous duty. “301a. Incentive pay: aviation career.122 STAT. 179 “301b. Special pay: aviation career officers extending period of active duty. “301c. Incentive pay: submarine duty. “301d. Multiyear retention bonus: medical officers of the armed forces. “301e. Multiyear retention bonus: dental officers of the armed forces. “302. Special pay: medical officers of the armed forces. “302a. Special pay: optometrists. “302b. Special pay: dental officers of the armed forces. “302c. Special pay: psychologists and nonphysician health care providers. “302d. Special pay: accession bonus for registered nurses. “302e. Special pay: nurse anesthetists. “302f. Special pay: reserve, recalled, or retained health care officers. “302g. Special pay: Selected Reserve health care professionals in critically short wartime specialties. “302h. Special pay: accession bonus for dental officers. “302i. Special pay: pharmacy officers. “302j. Special pay: accession bonus for pharmacy officers. “302k. Special pay: accession bonus for medical officers in critically short wartime specialties. “302l. Special pay: accession bonus for dental specialist officers in critically short wartime specialties. “303. Special pay: veterinarians. “303a. Special pay: general provisions. “303b. Waiver of board certification requirements. “304. Special pay: diving duty. “305. Special pay: hardship duty pay. “305a. Special pay: career sea pay. “305b. Special pay: service as member of Weapons of Mass Destruction Civil Support Team. “306. Special pay: officers holding positions of unusual responsibility and of critical nature. “306a. Special pay: members assigned to international military headquarters. “307. Special pay: special duty assignment pay for enlisted members. “307a. Special pay: assignment incentive pay. “308. Special pay: reenlistment bonus. “308b. Special pay: reenlistment bonus for members of the Selected Reserve. “308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve. “308d. Special pay: members of the Selected Reserve assigned to certain high priority units. “308g. Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve. “308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve. “308i. Special pay: prior service enlistment bonus. “308j. Special pay: affiliation bonus for officers in the Selected Reserve. “309. Special pay: enlistment bonus. “310. Special pay: duty subject to hostile fire or imminent danger. “312. Special pay: nuclear-qualified officers extending period of active duty. “312b. Special pay: nuclear career accession bonus. “312c. Special pay: nuclear career annual incentive bonus. “314. Special pay or bonus: qualified members extending duty at designated locations overseas. “315. Special pay: engineering and scientific career continuation pay. “316. Special pay: bonus for members with foreign language proficiency. “317. Special pay: officers in critical acquisition positions extending period of active duty. “318. Special pay: special warfare officers extending period of active duty. “319. Special pay: surface warfare officer continuation pay. “320. Incentive pay: career enlisted flyers. “321. Special pay: judge advocate continuation pay. “324. Special pay: accession bonus for new officers in critical skills. “325. Incentive bonus: savings plan for education expenses and other contingencies. “326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage. “327. Incentive bonus: transfer between armed forces. “328. Combat-related injury rehabilitation pay. “329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments. “330. Special pay: accession bonus for officer candidates. “subchapter ii— consolidation of special pay, incentive pay, and bonus authorities “331. General bonus authority for enlisted members.122 STAT. 180 “332. General bonus authority for officers. “333. Special bonus and incentive pay authorities for nuclear officers. “334. Special aviation incentive pay and bonus authorities for officers. “335. Special bonus and incentive pay authorities for officers in health professions. “351. Hazardous duty pay. “352. Assignment pay or special duty pay. “353. Skill incentive pay or proficiency bonus. “354. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986. “355. Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units. “subchapter iii— general provisions “371. Relationship to other incentives and pays. “372. Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action. “373. Repayment of unearned portion of bonus, incentive pay, or similar benefit when conditions of payment not met. “374. Regulations.”.